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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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At settlement point, what does today mean for me?


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:confused: Hi all

Feeling well stressed today... I was offered a settlement by Lloyds on 28th June which wasn't the full settlement as they had their figures wrong. I wrote to them to say I wanted the full amount and added a breakdown of the claim. They didnt respond and when I called SCM they say they hadnt received my letter even though I have proof it was signed for on 6th July. Now i am worried I am gonna lose everything because of todays hearing. I read that they have to honour any settlement offer already made but as I declined their offer I dont know where I stand. My court date is 17th September. They offered £3281 and I am claiming £4688. Can anyone offer any advise or reassurance???

 

Rin

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I was offered a settlement on the 30th june by the ombudsman and i have been waiting on the money to go into my account by the bank of scotland.

 

I was on the phone to the bank 27.07.07 and they advised that i would not recive the money until this court case has been heard.

 

The bank has been giving me the run around since feb 07 and i have been on the phone every day for 2 weeks asking for my settlement and still no further forward.

 

:mad:

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Hi M77KNA

 

Thanks for your post... I thought that would be the case. Makes sense why they have been draggin things out so long if they knew this was happening. Mine has been going on since last November and they have used every single delay tactic possible. Thats why I have started recording mail and faxing copies of our telephone conversations. At least then if it does make it to court I can prove that they have been messing me around to cause a delay.

 

You are in a good position because you accepted the settlement and I read somewhere on here that they do have to honour the settlements, so congratulations. I could really kick myself for not just biting their hand off when it was offered.

 

Keep me posted!

 

Rin

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They offered you £1400 less than you were entitled to though.... why should you have taken that?

 

Any cases being dealt with via the FOS will continue, and any offers made through that service must be honoured.

 

Any cases in court at the moment will not be clear until we start getting feedback from individual cases. We will then work on a strategy for those claimants. Until then, there really is no definitive answer to this question I'm afraid.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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sorry but i have question why are FOS cases still being dealt with but not court ,,, that seems to be a bit unfair plz explain how they can persue 1 kind of case and not another as at end of day we all here trying to do same thing :(

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No it doesnt seem fair that court cases arent going ahead, particularly as I have paid out £220 in court costs so far.

 

Anyway I have an update but I certainly do not want to bring false hope, or count my chickens, however I called SCM today to ask for an up date on my case, they said that a revised settlement letter was sent out on Friday. They didnt give any details and my post hasnt arrived yet. I guess this just could mean that they have written to say that it is being put on hold because of the court case... but I am trying to be optimistic cos i REALLY need this money back.

 

Fingers crossed!

 

Rin

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FANTASTIC NEWS!!!!!!!!

I got all my money back! Just got a letter from [problem] today, they have revised my settlement, and I got the whole goddamn lot back!

Well, still gotta wait to actually receive it, BUT YAYYYYY!!!!:D

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